Acórdão nº 0319623 de Supremo Tribunal Administrativo (Portugal), 02 de Março de 1994 (caso None)
Data | 02 Março 1994 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR PROC PENAL.
Legislação Nacional: DL 124/90 DE 1990/04/14 ART2 N1 ART4 N1 N2 A ART6 N1 N2 ART10. CPP87 ART48 ART53 ART270 N2 C.
Sumário: I - O recorrente defende a sua absolvição com a alegação de que o art. 6 do DL n. 124/90, de 14/04, ao permitir que a autoridade policial efectue exames na pessoa do arguido sem a presença do MP, viola os arts. 48, 53 e 270, n. 2, al. c), CPP; ademais, o "sopro do balão", em plena via público, viola os arts. 13, 26 e 32 da CRP. II - O art. 2, n. 1, DL 124/90 impõe a pena de prisão até um ano ou multa até 200 dias, se pena mais grave não for aplicável, a quem conduzir veículos, com ou sem motor, na via pública ou equiparada, apresentando uma taxa de álcool no sangue (TAS) igual ou superior a 1,20 g/l, a que acresce a sanção acessória de inibição de conduzir (seu art. 4, ns 1 e 2, al. a)). III - O art. 6, n. 1, DL 124/90 confere ao agente de...
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